Updated for 2026 · Last verified 2026-08-27
As of 2026, credit card surcharging is legal in most U.S. states — only Connecticut, Massachusetts, Maine, and Puerto Rico maintain enforceable bans, and a handful of states cap or condition it (Colorado at 2%, Oklahoma at 2%, Minnesota at 5%, New York with total-price display rules). Dual pricing — posting a card price and a lower cash price — is legal in all 50 states. Pick your state below for the statute, the cap, and exactly what you'd have to disclose.
U.S. merchants paid over $111 billion in Visa and Mastercard swipe fees in 2024, per the National Retail Federation — quadruple the 2009 level. Two legal mechanisms let a business stop absorbing that cost: a surcharge (a fee added to the posted price on credit cards only, capped at 3%) and dual pricing (a posted card price with a lower cash price, legal everywhere and covering debit as well as credit). The map is mostly green with four hard exceptions and a set of states that regulate the how — caps, signage, and price-display rules — rather than the whether.
| Status | States |
|---|---|
| Banned & enforced | Connecticut, Maine, Massachusetts, Puerto Rico |
| Banned on paper, ruled unenforceable | Florida, Texas |
| Legal with caps/conditions | Colorado (2%), Oklahoma (2%), Minnesota (5%), New York, New Jersey, Georgia, California, Nevada, South Dakota, Kansas (notice) |
| Legal under card-brand rules | The remaining ~35 states + D.C. |
| Dual pricing | Surcharge | "Cash discount" done wrong | |
|---|---|---|---|
| What's posted | Card price AND cash price | One price; fee added for credit | A low "cash" price, fee added at register |
| Covers debit? | Yes | Never — prohibited | Often wrongly applied to debit |
| Legal where | All 50 states | Most states; 4 bans | This structure IS a surcharge — non-compliant |
| Card-brand registration | Generally not required | 30 days' acquirer notice; 3% cap | None filed — which is the problem |
The rule of thumb that decides everything: if the customer pays less than the shelf price, it's a discount; if they pay more, it's a surcharge — no matter what the receipt calls it. Programs that post a low cash price and add a "non-cash adjustment" at the register are disguised surcharges, and that structure is what draws card-network fines. A compliant dual pricing program posts the card price honestly — which is exactly what FeeSlicers sets up.
FeeSlicers sets up compliant dual pricing for independent businesses — your card-price customers cover processing, your cash customers pay less, and you pay one flat $40/month. George, a 20-year payments veteran, handles your setup personally and confirms your state's current rules as part of it.
Two minutes to start. No obligation. George takes it from there.
This guide is an educational reference, not legal advice. Surcharge law changes frequently; every state page shows its last-verified date, and we confirm current rules for your state during setup.